The editorial is strongly worded and points out many basic problems with this bill, cynically called by the Republicans “The Safe Access To Drug Treatment and Child Protection Act Of 2005.”
http://www.latimes.com/news/opinion/editorials/la-ed-sentence5may05.storyMay 5, 2005
LOS ANGELES TIMES EDITORIAL
Attacking Judges, Not Drugs
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Many criminal justice experts believe that longer prison terms and tougher parole rules helped push down the crime rate over the last decade, in part by keeping repeat offenders locked up. So a bill by Rep. F. James Sensenbrenner Jr. (R-Wis.) upping already harsh sentences for low-level drug offenders can only be a good thing, right? Wrong.
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The measure is just as likely to pull families apart. Parents who see but don't report drug use in the home — even if their child wasn't present — would get a mandatory term. So if Dad watches Mom smoke marijuana in their living room, they both head to prison, and Junior goes to foster care. Drug treatment would surely seem the smarter solution for such a family.
To oppose this bill is hardly to condone drug use. It is to acknowledge that drug laws have already reached the point of diminishing returns. Drug offenders already are serving longer sentences than felons convicted on federal manslaughter or assault charges. Taxpayers are on the hook for prison costs that are spiraling out of control, and judges of all political stripes have slammed mandatory drug sentences as overkill.
Sensenbrenner and his Republican allies know all this. But furious over recent Supreme Court decisions returning to judges small shreds of discretion in applying these draconian laws, they are bent on reversing those gains. Instead of cutting drug use, the real goal of this bill is to score political points in a larger war against the judiciary.